Sinn Féin backs use of non-jury courts at its Ard Fheis

Sinn Féin in government will commit to the option for non-jury courts where required in exceptional circumstances

Sinn Féin president Mary Lou McDonald defended the motion in a brief media appearance, saying it is necessary due to the prevalence of gangland crime.

The Sinn Féin Ard Fheis has passed a motion backing the use of non-jury courts.

Passing the motion means Sinn Féin will, in government, commit to the option for use of the court where required in exceptional circumstances.

While a handful of speakers opposed the motion and said the party should not give in to pressure from the establishment, senior party members had strongly supported the use of the courts.

Several human rights organisations including the United Nations, Amnesty International and the Irish Council on Civil Liberties (ICCL) have all voiced serious opposition to the court. The UN has repeatedly criticised the practice.

The right to a jury trial is guaranteed in the Irish Constitution.

Earlier Sinn Féin president Mary Lou McDonald had defended the motion in a brief media appearance, saying it is necessary due to the prevalence of gangland crime.

"You'll recall during the last election, we called for a review of the emergency powers and just remember at the time of the Good Friday Agreement, the absolute intent was to have abolished the special powers and to introduce a new dispensation. That didn't happen," Ms McDonald said.

"This new review - and we're very pleased that Charlie Flanagan when he was Justice Minister agreed with us and commenced this review - we participated and made a full submission.

"Our position in respect of reform of the courts and the judiciary is very much in line with Amnesty with the UN with the Council for Civil Liberties. It's all about appropriate judicial oversight and it is also about recognising that we don't have an emergency now.

"It's crazy to have 80-year-old provisions that are renewed in the Oireachtas every year. Instead what we need is a fit-for-purpose monitoring system that actually works, that holds these gangs to account to make sure there is a fair trial and fair procedure, that there is proper judicial oversight, and that it's part of the permanent landscape of the Irish court system and that is the position of the ICCL."

The party has called for the court to be abolished as far back as 2002 and in the 2016 election, pledged to “repeal the Offences Against the State Act”.

Sinn Féin's 2020 manifesto did not call for the court to be wound up and abstained on a vote to extend the act in June of this year, with Sinn Féin TDs walking out of the chamber.

Gangland crime

Ms McDonald said it's "wrong" to suggest that the motion was tabled because Fine Gael use Sinn Féin's stance on the special criminal court to suggest they are soft on crime.

"This is something that we've done considerable work on. We're very, very conscious of the fact that now gangland crime is wreaking havoc across society," Ms McDonald added.

"I can attest to that in the constituency that I represent and we are very concerned that communities are safe, that the system works, and that those in these criminal gangs who bring real fear and bring terror to the streets that they are held to account. So part and parcel of that, of course is resourcing the Gardaí but it's mostly a judicial and a criminal system that works and within that we are now today saying that we recognise the need in exceptional circumstances for the option of a non-jury court.

"What we don't want is the current system wherein the DPP decides if there is a case to be prosecuted, and where the case should be heard. In other words, whether or not it goes to the Special Criminal Court. I know we're not alone in having criticised that, that's deeply problematic. It's been criticised from within the legal fraternity and by human rights groups correctly, domestically and internationally."

Ms McDonald said exceptional circumstances would include instances where there's intimidation of juries or the risk of jury tampering, "We need to ensure that we have an efficient and effective human rights compliance system. The type of change that was envisaged as far back as the Good Friday Agreement," she said.

The party's Ard Fheis began on Saturday morning for a one-day event in Dublin.

"We'll be debating all of the big issues of the day health, housing, and the need for government to work effectively and in the interests of all in the north," Ms McDonald said.

"Obviously, preparing to be in government in the South and the overall theme of the organisation is all about changing, about driving change rate across Ireland, about making a real difference in people's lives."

Sinn Féin Housing Spokesperson Eoin O'Broin says the party would set a date for the ending of homelessness within the lifetime of a Sinn Féin government. The party would also seek to enshrine the right to housing in the constitution within a year of going into government.